Prasenjit Mandal, J. - (1.) This application is at the instance of the plaintiffs and is directed against the order dated May 15, 2008 passed by the learned Civil Judge (Sr. Division), Cooch Behar in Title Suit No.9 of 2007 thereby rejecting an application under Order 26, Rule 9 of the C.P.C. filed by the plaintiffs.
(2.) The short fact is that the plaintiffs instituted a suit being T.S. No.9 of 2007 against the opposite parties for recovery of possession of the suit proprerties as described in the schedule of 2 the plaint against the defendants/opposite parties herein before the learned Civil Judge (Sr. Division). The defendants are contesting the said suit by filing an written statement. The issues have been framed. The suit was at the stage peremptory hearing. At this stage, the plaintiffs filed an application for local investigation by appointing an Amin Commissioner contending, inter alia, that the land possessed by the defendants separately should be investigated, so that the appropriate reliefs might be passed in the said suit. That application for appointment of an Amin Commissioner was rejected. Being aggrieved, this application has been preferred by the plaintiffs.
(3.) Now, the question is whether the impugned order should be sustained.;